Carbon man admits to indecent assault

Saturday, February 20, 2010

By DEN MCLAUGHLIN dmclaughlin@tnonline.com

A Carbon County man admitted to one count of indecent assault of a woman while she was passed out.

John Nathaniel Lyles III, 26, of North Second St., Lehighton, pleaded guilty to the charge on Thursday before Senior Judge Richard W. Webb. Lyles also pleaded guilty to one count of driving under the influence (DUI) in an unrelated matter.

Lyles was charged by Lehighton police with having sexual intercourse with a female while she was passed out at his apartment. The incident occurred on Dec. 24, 2009. The woman told police she awoke with Lyles having sexual intercourse with her. She said she kicked him off of her and ran to a neighbor's home and called police.

The victim and Lyles had a prior relationship, according to defense attorney Brian Collins, that had ended in November 2009. He said they were boyfriend/girlfriend for a period of time. He said Lyles "misinterpreted" the woman's intent when she came to his apartment about 5 a.m. on the day of the incident.

The victim told Webb she and Lyles had a relationship from September to November 2009. She said they were still friends and the day of the incident she came to his home after having an argument with her new boyfriend. She said she wanted a place to stay.

The girl admitted she was "high" when she arrived and passed out. She said when she woke up Lyles was having sexual intercourse with her and she screamed and kicked him off of her.

She told Webb, "He violated me." She said she was on medication and Lyles took advantage of her. She said she was traumatized by the incident and is receiving counseling. She said she never gave Lyles any indication she wanted to have sex with him.

The DUI occurred on May 24, 2009, in Franklin Township. He was given a test, and the result was .13BAC.

Webb accepted the pleas on both counts.

On the indecent assault charge Webb sentenced Lyles to serve three to 17 months in the county prison. On the DUI charge he was sentenced to serve 30 days to six months.

Webb also ordered Lyles have no contact with the victim in the assault case, make restitution of $450 and was given credit for 57 days spent in jail on the charge. On the DUI count he was ordered to pay a fine of $750, get a drug and alcohol evaluation and follow any recommendation for treatment, and his license was suspended for a year.

Webb said the jail terms will run consecutively. Lyles has been in prison since his arrest.